Sacramento Premises Liability Attorneys
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Premises liability claims involve unsafe or defective property conditions causing serious injuries or death. Landowners, property owners and non-owner residents (e.g. apartment tenant) are responsible for maintaining their property in order to avoid exposing individuals to harm. The law holds property owners and non-owner residents liable for injuries resulting from hazards on the premises.
For instance, if a spill is left unattended in a supermarket and there is a failure to warn of the spill, and someone slips and falls, that individual may sue the supermarket for injuries they suffered. The extent of liability may also depend on the injured individual. If they acted in an unsafe way or were trespassing, they may not have a valid claim.
If you have been injured due to someone else's negligence, don't suffer. Our premises liability lawyers in Sacramento are ready to fight for the compensation you deserve. Call Kershaw, Cook & Talley today to discuss your rights and legal options in a free and confidential consultation.
What is Premises Liability?
The laws and procedures of the state determine liability. Depending on the state, liability is determined either by the status of the injured visitor, or on the property condition and the actions of the owner and visitor. Visitor status is categorized three ways:
- Invitee: an individual who is invited to enter the property for business dealings (e.g. customers in a store)
- Licensee: an individual who enters a property (not open to the general public) for their own purpose with the landowner’s permission (e.g. social guest)
- Trespasser: an individual who enters a property without the owner’s permission (e.g. burglar)
In any premises liability case, the injured person must be able to prove that the property owner or manager had a duty of care. “Duty of care” refers to the owner or manager’s obligation to individuals who enter the property. Depending on where you’re located, local laws may establish a different duty of care for different types of visitors, especially where trespassers are involved.
However, in most cases, the property owner and manager are responsible for maintaining a safe environment for all guests. If a property owner knows that there is an unsafe condition on the property and he or she does not fix the problem or, at the very least, warn visitors of the hazard, they could be liable for any resulting injuries.
Conditions of the Property
Time is of the essence with premises liability claims. Injury cases have a statute of limitations, or a time limit in which you can legally file a claim for your injuries. The statute of limitations varies by state.
Common premises liability claims include:
- Slip and fall injuries
- Poorly maintained stairways, elevators, doors or other property fixtures
- Unsafe equipment or attractive nuisance on premises
- Inadequate security measures
- Toxic or chemical exposure
- Unrestrained or unsecured animals (posing a danger)
- Swimming pool accidents and drowning
Call Kershaw, Cook & Talley for Help
If you or a loved one has been injured, don't wait to contact our Sacramento premises liability lawyers to get started on your case. Having handled thousands of cases, you can trust your case is in good hands when you call Kershaw, Cook & Talley.
Contact an experienced attorney at Kershaw, Cook & Talley for a free and confidential case evaluation. Call us at (916) 520-6639 or contact us now.